DOL: Employers need not Pay for Certain Travel Time Between Office Telework Locations
Shivani Salunke | January 04, 2021
An employee who decides to telework for part of the day and work in an office for part of the day, and who has adequate opportunity to perform individual errands in the middle of, need not be made up for movement time between the two areas, the U.S. Department of Labor (DOL's) Wage and Hour Division said in one of two assessment letters published Dec. 31.
The letter refered to two examples. In one, the employee leaves the workplace midday to go to a parent-teacher meeting and gets authorization to work from home for the rest of the day. In the other, the employee gets consent to telecommute preceding going to a physical checkup prior to work from home prior to attending a doctor's appointment before working the rest of the day at her regular office location.
Travel time in either situation would not be compensable time under the Fair Labor Standards Act (FLSA), as per DOL, in light of the fact that the employee in the scenarios is either off the clock or occupied with ordinary driving. The travel time also would not count as compensable "worksite-to-worksite travel," nor would it count as compensable time under the FLSA's continuous workplace doctrine, the agency said.